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For April 26, 2019 through May 2, 2019, the following preliminary appeal statements were filed:

HARDY (EDWARD), PEOPLE v (63 Misc 3d 6):
App. Term, 2nd Dept., 2nd, 11th, and 13th Judicial Districts order of 2/1/19; affirmance; leave to appeal granted by Fahey, J., 4/18/19; Crimes--Complaint--Whether local criminal court information can be amended by adding to or altering the factual allegations contained therein; application of CPL 100.45 and People v Easton (307 NY 336, 338 [1954]); date on which crime allegedly took place had not yet occurred when information was filed; Criminal Court of the City of New York, Queens County, convicted defendant of criminal contempt in the second degree, App. Term affirmed.

MATTER OF THE ESTATE OF HARTUNG (170 AD3d 1635):
4th Dept. App. Div. order of 3/22/19; affirmance; sua sponte examination of whether the order appealed from finally determines the proceeding within the meaning of the Constitution; Executors and Administrators--Whether Surrogate's Court erred in awarding interim legal fees to public administrator; alleged constitutional violations; Surrogate's Court, Onondaga County, among other things, awarded legal fees to counsel for the public administrator; App. Div. affirmed.

JONES v STATE OF NEW YORK (— AD3d —, 2019 NY Slip Op 02930):
3rd Dept. App. Div. order of 4/18/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; State--Court of Claims--Action by prison inmate against the State alleging wrongdoing by prison staff; alleged denial of right to access the courts, equal protection and due process; Court of Claims granted defendant's motion to dismiss the claim; App. Div. affirmed.

SCHWEIG, MATTER OF v CITY OF NEW ROCHELLE (170 AD3d 863):
2nd Dept. App. Div. order of 3/13/19; affirmance; sua sponte examination whether a substantial constitutional question is directly involved to support an appeal as of right; Constitutional Law--Taking of Property--Whether change in zoning law to increase required lot size constituted an unconstitutional taking without compensation; Municipal Corporations--Zoning--whether denial of area variance was arbitrary, capricious and without a rational basis; Supreme Court, Westchester County, denied the petition to review a determination of the City of New Rochelle Board of Appeals on Zoning dated November 10, 2015, denying an area variance, and dismissed the CPLR article 78 proceeding and the cause of action to recover damages for an unconstitutional taking of property; App. Div. affirmed.

For May 3, 2019 through May 9, 2019, the following preliminary appeal statements were filed:

ALLENDE (MARCELINO), PEOPLE v (168 AD3d 464):
1st Dept. App. Div. order of 1/10/19; modification; sua sponte examination whether the Appellate Division order of modification was "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to . . . modification (see CPL 450.90[2][a])"; Crimes--Robbery--Whether defendant may be convicted of first-degree robbery under Penal Law § 160.15(4) where a witness to the crime, but not the victim, observes defendant display what appears to be a firearm; Supreme Court, New York County, convicted defendant of robbery in the first degree and two counts of robbery in the second degree, and imposed sentence; App. Div. modified to the extent of vacating the first degree robbery conviction and dismissing that count, and otherwise affirmed.

BROWN, PEOPLE ex rel. v CAPRA (2019 NY Slip Op 64688[U]):
2nd Dept. App. Div. order of 3/6/19; denial of application; sua sponte examination of whether any jurisdictional basis exists for an appeal as of right; Habeas Corpus-- Denial of application for writ of habeas corpus; App. Div., inter alia, denied the application for a writ of habeas corpus.

MID ISLAND THERAPY ASSOCIATES LLC, MATTER OF v DiNAPOLI (170 AD3d 1468):
3rd Dept. App. Div. order of 3/28/19; affirmance; sua sponte examination of whether a substantial constitutional question is directly involved to support an appeal as of right; State--Comptroller--Whether State Comptroller lacked constitutional authority to audit expenses reported to State Education Department by petitioner, provider of special education services for preschool children with disabilities; whether Education Law § 4410-c (1) constitutes an unconstitutional delegation of State Education Department's administrative duties to the Comptroller; whether Comptroller's determinations lacked a rational basis, or were arbitrary and capricious; Supreme Court, Albany County, dismissed petitioner's application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, among other things, set aside respondent Comptroller's audit of petitioner's consolidated fiscal reports for certain school years; App. Div. affirmed.

MONFORTE (JONATHAN), PEOPLE v (166 AD3d 1222):
3rd Dept. App. Div. order of 11/15/18; affirmance; leave to appeal granted by DiFiore, Ch.J., 4/26/19; Rule 500.11 review pending; Crimes--Indictment--Whether defendant's prosecution by superior court information was jurisdictionally defective; defendant, who was charged by felony complaint with murder in the second degree, consented to being prosecuted by superior court information charging manslaughter in the first degree; Right to Counsel--Effective Representation–whether defendant was denied the effective assistance of counsel; County Court, Schenectady County, convicted defendant upon his plea of guilty of the crime of manslaughter in the first degree; App. Div. affirmed.

POWELL (HOWARD), PEOPLE (166 AD3d 660):
2nd Dept. App. Div. order of 11/7/18; affirmance; leave to appeal granted by Rivera, J., 4/26/19; Crimes--Witnesses--Whether Supreme Court erred in denying, after a hearing, defendant's motion to present expert testimony on the topic of false confessions; Supreme Court, Queens County, respectively, convicted defendant of robbery in the first degree, upon a jury verdict, and robbery in the first degree, upon a guilty plea, and imposed sentence; App. Div. affirmed.

SUN v JING (2019 NY Slip Op 67451[U]):
1st Dept. App. Div. order of 4/9/19; motion to dismiss; sua sponte examination of whether on any basis exists for an appeal as of right; Appeal--Dismissal; Supreme Court, New York County, granted defendant's motion to dismiss the complaint; App. Div. dismissed the appeal.

WINKLEVOSS v STEINBERG (170 AD3d 618):
1st Dept. App. Div. order of 3/28/19; affirmance; sua sponte examination of whether the order appealed from finally determines the action within the meaning of the Constitution and whether a substantial constitutional question is directly involved to support an appeal as of right; Libel and Slander--Public Figure--Whether plaintiffs, potential investors in defendant's shares in startup company, are limited public purpose figures or general purpose public figures and thus are required to prove that defendant published alleged defamatory statements with actual malice; whether defendant's statements were protected by the fair report privilege (Civil Rights Law § 74); alleged First Amendment violation; Supreme Court, New York County, granted defendant's motion to dismiss the defamation claim; App. Div. affirmed.